POLICY #11.9
SUBJECT: Accommodations for Students with Disabilities

I. PURPOSE

The purpose of this Policy is to establish the process by which students with Disabilities may request and receive Reasonable Accommodations to address the functional limitations created by their Disabilities.

II. REFERENCES

Americans with Disabilities Act of 1990 (ADA), and as amended in 2008
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794
Southern Utah University Policy 5.27 Non-Discrimination / Anti-Harassment
Southern Utah University Policy 5.59 Animals on Campus
Southern Utah University Policy 6.30 Excused Absences
Southern Utah University Policy 6.36 Course Syllabus
Southern Utah University Policy 6.48 Distance Education
Southern Utah University Policy 11.2 Student Conduct Code
Utah System of Higher Education Policy R470 General Education

III. DEFINITIONS

ADA/Section 504 Coordinator: These duties are divided among three officers at Southern Utah University: (1) Dean of Students, (2) Director of Human Resources, and (3) Director of Construction Services, Space Planning, and Maintenance.
Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.
Disability: A physical or mental impairment that substantially limits one or more major life activities. The condition may be temporary or permanent, consistent with the definition in the ADA, and is assessed without regard to mitigating measures (e.g., medication, assistive technology).
Essential Academic Requirements: May include (1) learning outcomes or objectives, (2) professional competencies or standards, (3) performance expectations and (4) the assignments, activities or assessments that are developed to teach or evaluate students’ attainment or mastery of the requirements as part of a degree, program, or course.
Fundamental Alteration: Occurs when a proposed or recommended accommodation invalidates, negates, or impedes an essential academic requirement of a degree, program, or course.
Reasonable Accommodation or Accommodation: The term may include (1) making existing facilities readily accessible to and usable by individuals with Disabilities; and (2) acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, course materials, or policies; the provision of qualified readers or interpreters; and other similar Accommodations for individuals with Disabilities. The term "Accommodation" is inclusive of academic adjustments and auxiliary aids.
Qualified Healthcare Professional: A medical or mental health care practitioner with credentials appropriate to the area in question.
Undue Hardship: As defined in SUU Policy 5.27.

IV. POLICY

General Policy Statement
1. In accordance with the Americans with Disabilities Act of 1990 and Section 504 of the Vocational Rehabilitation Act of 1973, Southern Utah University will implement procedures to provide equal access to educational opportunities for individual students with Disabilities.
2. Southern Utah University affirms its commitment to digital accessibility and will ensure that learning management systems, online course content, and virtual assessments are accessible to students with disabilities.
Requests for Accommodation
1. Eligibility for an Accommodation – A student must have a Disability as defined by the ADA or Section 504, have a history of such impairment, or be perceived by others as having such impairment.
2. Requesting an Accommodation
  1. A student must voluntarily disclose their Disability to the University Disability Resource Center (DRC) staff and provide adequate documentation as part of their request for Accommodation. The adequacy of documentation is based on the following:
    1. Essential Elements:
      1. Evaluator qualifications
      2. Specific medical or psychological diagnosis(es) as defined by the most current editions of the International Classification of Diseases (ICD) or the Diagnostic and Statistical Manual of Mental Disorders (DSM)
      3. History of symptoms
      4. Evidence or rationale used to rule out or exclude other conditions
      5. Comprehensiveness of documentation to support the diagnosis including psycho-educational assessment if relevant
      6. Limitations the diagnosis creates relevant to the educational setting
      7. Current prescribed medications and the side effects or impact in the educational setting
      8. Evidence to establish the functional limitation supporting the recommendation for Accommodation
    2. Currency of Documentation: The student may be required to provide updated documentation, as determined by the DRC staff on a case by case basis. The following are the preferred standard time frames for documentation:
      1. Psychiatric and psychological Disabilities – three (3) years
      2. Learning Disabilities – five (5) years
      3. All other Disabilities – three (3) years
  2. Requests for Accommodations should be submitted as early as possible. Accommodations that require coordination with third-party resources, such as sign language interpreters, should be requested at least two months prior to the start of the semester for which an Accommodation is being sought.. Requests will be evaluated as quickly as possible. However, the University is not responsible for delayed services when requests are not submitted within a reasonable time frame.
3. Updating a Request for Accommodation
  1. If an Accommodation is no longer effective or a student's needs have changed, the student may request reconsideration under this Policy by following the procedures outlined on the Disability Resource Center website to request a modification. The DRC may:
    1. Review updated documentation (if applicable or necessary),
    2. Reassess the student's current functional limitations and educational barriers,
    3. Engage in a conversation ( interactive process) with the student to determine more appropriate Accommodations.
  2. While not always as extensive as the initial request, any change must be evaluated to ensure the revised Accommodation is reasonable and effective, consistent with the requirements of the ADA and Section 504.
Review of Requests and Authorization
1. Initial Review of Request by the DRC staff
  1. All requests are considered on a case-by-case basis. Because Accommodation needs may change over time or require adaptation due to new learning environments (e.g. course-specific expectations, new technology, regulatory change, etc.), prior history of Accommodation does not warrant the continued provision of the same or similar Accommodation.
  2. The DRC staff considers the following elements of each request when determining whether the student needs Accommodation and the reasonableness of Accommodation:
    1. The recommendation for Accommodation by a qualified healthcare provider is supported by evidence that clearly demonstrates a limitation of one or more major life activities that must be addressed for the student to succeed in an educational setting.
    2. The course requirements, minimum performance expectations, intended learning outcomes, pedagogical practices – as communicated by the instructor – to determine if the recommended Accommodation would lead to a Fundamental Alteration of requirements.
    3. The capacity and resources of the University to provide the recommended Accommodation.
  3. The University will engage in an individualized, interactive process with each student to determine appropriate Accommodations, as required under ADA and Section 504
  4. Temporary impairments, including those related to surgery, illness, or pregnancy-related conditions, may qualify as a disability if they substantially limit a major life activity.
  5. The DRC staff may deny a request for Accommodation if:
    1. The documentation does not support the need for requested Accommodations under ADA;
    2. Doing so would create an Undue Hardship on the University;
    3. The Accommodation would constitute a Direct Threat to others; or
    4. Doing so would constitute a Fundamental Alteration of the University’s required curriculum.
2. Further Review by the Accommodation Review Committee
  
  If a student requests an Accommodation that either the DRC staff or an instructor believes would be a Fundamental Alteration of an academic requirement, the DRC staff will refer the request to the Accommodation Review Committee (hereinafter referred to as “the Committee”). The chairperson of the Committee will implement the following process in a timely manner (approximately two [2] school weeks unless the complexity of the request necessitates additional time) to resolve any questions or disagreements about the requested Accommodation.
  1. The chairperson will determine whether there is a reasonable (logical and credible) basis for the position that implementing the Accommodation would result in a Fundamental Alteration of a requirement; the objection to the Accommodation cannot be merely a pretext for discrimination. If there is no reasonable basis, the chairperson will require that the Accommodation be implemented immediately. An objection on grounds of “academic freedom” may be an assertion that an Accommodation is a Fundamental Alteration or it may be simply a pretext for what is inconvenient. Such statements must be considered carefully on a case-by-case basis.
  2. If a reasonable basis exists, the chairperson will verify that the instructor, department, and/or program have articulated the essential requirements for the course and/or program and provided notice of them to students.
  3. The chairperson will convene the Committee of objective persons who collectively are knowledgeable about the academic area, related licensing requirements if any, applicable accreditation for the course of study, the student’s Disability, and Accommodation methods. Members of the committee will include:
    1. The chairperson – the Disability Resource Center Director.
    2. Standing members - Dean of Students or designee, and a representative from the division of Academic Affairs as designated by the Provost.
    3. As appropriate, the committee will invite situational members with subject matter expertise, such as a representative from Counseling and Psychological Services (CAPS), a representative with expertise in the institutional learning management system, or a dean, department chair, or other appropriate faculty member who is not the instructor of a course in question.
  4. The Committee will identify the objective of the requirement, taking into consideration the information provided by the instructor, program or department concerning essential requirements, including curriculum approval or course creation documents. The Committee will ensure that the requirement is not simply based on tradition, convenience or routine practice.
  5. The Committee will consider whether the requirement is consistent with similar programs at other educational institutions, relevant national and/or expert guidelines, and whether there is any unique justification for a requirement that is not generally adopted by other educational institutions. In the case of general education requirements, the Committee will consider the Utah System of Higher Education Policy R470.
  6. The Committee will consider the information provided by the student relevant to determining whether notice of the essential requirement in question has been provided to the student, and whether the Accommodation requested by the student would invalidate the objective of the requirement.
  7. Both the instructor and the student will be offered an opportunity to present directly to the Committee.
  8. The duty to explore the issues relevant to the request for Accommodation in a well-reasoned manner, without resort to a pretext for discrimination, rests with the University. The chairperson will facilitate any discussions between the student and the Committee, department, program or instructor, and the DRC Staff concerning Accommodations for the student.
  9. When possible, the chairperson will work with the DRC staff to provide the student with interim Accommodations.
  10. The Committee may decide the following:
    1. The requested Accommodation would not invalidate the objective of the requirement and will be implemented immediately.
    2. The requested Accommodation would invalidate the objective of the requirement. In such cases, the Committee will promptly and diligently search for alternate Accommodations in consultation with the instructor, the DRC staff, and the student. In identifying alternate Accommodations, the Committee will address the following:
      1. Are there alternate ways that the student can acquire or demonstrate mastery of the skill that would meet the same fundamental objectives of the course or program requirement?
      2. Has the Committee diligently searched for potential alternatives?
      3. Has the Committee included all the necessary people in this search?
      4. Has the Committee identified whether other postsecondary institutions have identified alternatives that achieve the objectives of the College/School without fundamentally altering requirements?
  11. The chairperson will provide prompt written notice of the Committee’s decision to the student. If the student believes the Committee erred in making its determination, the student may appeal the Committee’s decision by providing a written appeal to the DRC staff. . Students desiring to appeal the Accommodation Review Committee’s decision should describe, in sufficient detail, why the Committee’s decision was in error, incomplete or ambiguous, was not supported by evidence, or was otherwise improper.
  12. If the student believes they have experienced disability-related discrimination or denial of Accommodations, they may file a grievance through SUU Policy 5.27.
  13. The chairperson and the DRC staff will take all steps necessary to ensure that the final approved Accommodation is implemented fully and promptly by the College/School, including by any instructor who previously may have objected to the Accommodation.
Instructor Responsibilities
1. All instructors must provide a class syllabus for students with the SUU ADA Syllabus statement language included, as found in the Statements Required in Course Syllabi document
2. If the DRC staff requests additional information or explanation of course requirements, instructors will promptly cooperate.
3. Instructors will implement Accommodations approved and authorized by the DRC staff or Accommodation Review Committee within a reasonable timeframe, typically within 5 business days of receiving the student’s official Accommodation letter as emailed to the faculty member from the DRC, if possible. Accommodations begin upon notification or otherwise specified date and are not retroactive.
4. Instructors will maintain confidentiality in compliance with FERPA and will only discuss Accommodations or Disability-related information with employees who have a legitimate educational interest, as defined in SUU Policy 11.3 Family Educational Rights and Privacy Act . Communicating with students regarding their Disabilities should be handled discreetly and privately.
5. Instructors should consult with the DRC staff when there is a need to understand the nature and extent of authorized academic adjustments, Accommodations, or auxiliary aids or when Accommodations do not appear to be adequate or restrict the course activities, exercise or assignments.
6. Instructors may request an Accommodation review as outlined in IV.C.2. to resolve any concerns or problems with the implementation of Accommodations.

V. RELEVANT FORMS/LINKS

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Vice President for Student Affairs. For questions about this Policy, contact the Disability Resource Center.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: November 9, 2006

Amended: September 20, 2008; December 4, 2013; December 5, 2025

POLICY #11.9 SUBJECT: Accommodations for Students with Disabilities